HomeMy WebLinkAboutC13-210 Right to Sell Listing Contract Unit D-2040A Property or Lease means any lease of an interest in the Property. a6 3.6. Listing Period. The Listing Period of this Seller Listing Contract shall begins on 711512013 87 and continues through the earliest occurrence of one of the following events: (1) completion of the Sale of the 88 Property or (2) 89 90 Broker shall continue to assist in the completion of any sale or lease for which compensation is payable to 91 Brokerage Firm under § 7 of this Seller Listing Contract. 92 93 3.7. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The s5abbreviation "N /A" or the word "Deleted" means not applicable. The abbreviation "MEC" (mutual execution of this 96 contract) means the date upon which both parties have signed this Seller Listing Contract. 97 3.8. Day; Computation of Period of Days, Deadline. 99 3.8.1. Day. As used in this Seller Listing Contract, the term "day" shall mean the entire day ending at 100 11:59 p.m., United States Mountain Time (Standard or Daylight Savings as applicable). 101 3.8.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date102 is not specified, the first day is excluded and the last day is included, e. three days after MEC. If an deadline103PY• Y• 9•. Y Y 104 falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline ® Shall Shall Not 105 be extended to the next day not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline logyshall not be extended. 108 1019 0 4. BROKERAGE RELATIONSHIP. 111 4.1. If the Seller Agency box at the top of page 1 is checked, Broker shall represent Seller as a Seller's 112 limited agent (Seller's Agent). If the Transaction - Brokerage box at the top of page 1 is checked, Broker shall act 113 as a Transaction- Broker. 115 4.2. In- Company Transaction — Different Brokers. When Seller and buyer in a transaction are working 116 with different brokers, those brokers continue to conduct themselves consistent with the brokerage relationships 117 they have established. Seller acknowledges that Brokerage Firm is allowed to offer and pay compensation to118 119 brokers within Brokerage Firm working with a buyer. 120 4.3. In- Company Transaction — One Broker. If Seller and buyer are both working with the same broker, 121 Broker shall function as: 122 4.3.1. Seller's Agent. If the Seller Agency box at the to of page 1 is checked, the parties agree the12399YPP9P9 124 following applies: 125 4.3.1.1. Seller Agency Only. Unless the box in § 4.3.1.2 (Seller Agency Unless Brokerage 127 Relationship with Both) is checked, Broker shall represent Seller as Seller's Agent and shall treat the buyer as 128 a customer. A customer is a party to a transaction with whom Broker has no brokerage relationship. Broker shall 129 disclose to such customer Broker's relationship with Seller. 131 4.3.1.2. Seller Agency Unless Brokerage Relationship with Both. If this box is checked, 132 Broker shall represent Seller as Seller's Agent and shall treat the buyer as a customer, unless Broker currently 133 has or enters into an agency or Transaction - Brokerage relationship with the buyer, in which case Broker shall act134 135 as a Transaction- Broker. 136 4.3.2. Transaction - Broker. If the Transaction - Brokerage box at the top of page 1 is checked, or in the 107 event neither box is checked, Broker shall work with Seller as a Transaction - Broker. A Transaction- Broker shall138 139 perform the duties described in § 5 and facilitate sales transactions without being an advocate or agent for either 140 party. If Seller and buyer are working with the same broker, Broker shall continue to function as a Transaction - 141 Broker. 142 143 144 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction - Broker or a Seller's 145 Agent, shall perform the following Uniform Duties when working with Seller: 146 147 5.1. Broker shall exercise reasonable skill and care for Seller, including, but not limited to the following: 140 5.1.1. Performing the terms of any written or oral agreement with Seller, 149 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is159 151 subject to a contract for Sale; 152 5.1.3. Disclosing to Seller adverse material facts actually known by Broker; 153 5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to154 155 material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; 136' 5.1.5. Accounting in a timely manner for all money and property received; and1575.1.6. Keeping Seller fully informed regarding the transaction. 158 159 5.2. Broker shall not disclose the following information without the informed consent of Seller: 160 5.2.1. That Seller is willing to accept less than the asking price for the Property; 161 5.2.2. What the motivating factors are for Seller to sell the Property; 162 163 5.2.3. That Seller will agree to financing terms other than those offered; z64 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose 165 such information would constitute fraud or dishonest dealing; or166 167 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 2 of 8 Seller(s) Initials ovCTMeContracts.com - ©2013 CTM Software Corp. 168 the Property. 169 5.3. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or170Pg 171 designee for the purpose of proper supervision, provided such supervising broker or designee shall not further 172 disclose such information without consent of Seller, or use such information to the detriment of Seller. 173 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may174 175 show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale. 176 5.5. Broker shall not be obligated to seek additional offers to purchase the Property while the Property is 177 subject to a contract for Sale. 178 J 179 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and 180 has no duty to independently verify the accuracy or completeness of statements made by Seller or independent 181 inspectors. Broker has no duty to conduct an independent investigation of a buyer's financial condition or to verify182 183 the accuracy or completeness of any statement made by a buyer. 184 5.7. Seller understands that Seller shall not be liable for Brokers acts or omissions that have not been 185 approved, directed, or ratified by Seller. 186 187 5.8. When asked, Broker ® Shall Shall Not disclose to prospective buyers and cooperating brokers 188 the existence of offers on the Property and whether the offers were obtained by Broker, a broker within Brokerage189 190 Firm or by another broker. 191 192 6. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page 1 is checked, 193 Broker is Seller's Agent, with the following additional duties: 194 g g 195 6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity; 196 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and197 198 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by 199 Broker. 200 201 agrees7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller a202 9 203 that any Brokerage Firm compensation that is conditioned upon the Sale of the Property shall be earned by 204 Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Seller or by any othergas 206 person in connection with the Sale of the Property. 207 7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay Brokerage 208 Firm as follows: 210 7.1.1. Sale Commission. 1 2 % of the gross purchase rice or 2 n/a in U.S. dollars. 210 O 9 P P O 211 7.1.2. Lease Commission. If the box in § 3.5.2 is checked, Brokerage Firm shall be paid a fee equal to 212 ( 1) n/a % of the gross rent under the lease, or (2) n/a in U.S. dollars, payable as follows: 214 n1a 215 7.2 Other Compensation. 216 217 n/a 218 7.3. When Earned. Such commission shall be earned upon the occurrence.of any of the following: 219 7.3.1. Any Sale of the .Property within the Listing Period by Seller, by Broker or by any other person; 220 221 7.3.2. Broker finding a buyer who is ready, willing and able to complete the Sale or Lease as specified 222 in this Seller Listing Contract; or 223 224 7.3.3. Any Sale (or Lease if § 3.5.2 is checked) of the Property within n/a calendar days 225 following the expiration of the Listing Period (Holdover Period) to (1) to anyone with whom Broker negotiated and 226 (2) whose name was submitted, in writing, to Seller by Broker during the Listing Period including any extensions 228 thereof, (Submitted Prospect). Provided, however, Seller Shall Shall Not owe the commission to 229 Brokerage Firm under this § 7.3.3 if a commission is earned by another licensed real estate brokerage firm acting 230 pursuant to an exclusive agreement entered into during the Holdover Period and a Sale or Lease to a Submitted 232 Prospect is consummated. If no box is checked above in this § 7.3.3, then Seller shall not owe the commission to 233 Brokerage Firm. 234 7.4. When Applicable and Payable. The commission obligation shall apply to a Sale made during the 236 Listing Period or any extension of such original or extended term. The commission described in § 7.1.1 shall be 237. payable at the time of the closing of the Sale, or, if there is no closing (due to the refusal or neglect of Seller) then 238 on the contracted date of closing, as contemplated by § 7.3.1 or § 7.3.3, or upon fulfillment of § 7.3.2 where the 240 offer made by such buyer is not accepted by Seller. 241 7.5. Cooperative Broker Compensation. Broker shall seek assistance from, and Brokerage Firm offers 242 compensation to, outside brokerage firms, whose brokers are acting as: 243 244 ® Buyer Agents: 3 % of the gross sales price or n/a in U.S. dollars. 245 Transaction - Brokers: n1a % of the gross sales price or n/a in U.S. dollars. 246 247 248 8. LIMITATION ON THIRD -PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in 249 § 7, shall accept compensation from any other person or entity in connection with the Property without the written 250 consent of Seller. Additionally, neither Broker nor Brokerage Firm shall be permitted to assess or receive mark - 251 LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 3 of 8 Seller(s) Initials: / CTMeContracts.com - ©2013 CTM Software Corp. . 2;2 ups or other compensation for services performed by any third party or affiliated business entity unless Seller 253 signs a separate written consent for such services. 254 255 256 9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Seller has been Z57 advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and258theuseofmultiplelistingservices (MLS) and various methods of making the Property accessible by other259 260 brokerage firms (e.g., using lock boxes, by- appointment -only showings, etc.), and whether some methods may 261 limit the ability of another broker to show the Property. After having been so advised, Seller has chosen the 262 following (check all that apply): 263 264 9.1. MLS /Information Exchange. 265 9.1.1. The Property ® Shall Shall Not be submitted to one or more MLS and ® Shall Shall 265 Not be submitted to one or more roe information exchanges. If submitted, Seller authorizes Broker to provide267propertyrtY 9 P 268 timely notice of any status change to such MLS and information exchanges. Upon transfer of deed from Seller to 269 buyer, Seller authorizes Broker to provide sales information to such MLS and information exchanges. 270 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: 271 9 272 n/a 273 9.1.3. Seller further authorizes use of the data by MLS and property information exchanges, if any. 275 9.1.4. The Property Address ® Shall Shall Not be displayed on the Internet. 276 9.1.5. The Property Listing ® Shall Shall Not be displayed on the Internet. 277 9.2. Property Access. Access to the Property may be by: 278 279 Mechanical Lock Box Electronic Lock Box 280 n/a 281 232 Other instructions: n/a 283 9.3. Brokerage Marketing.The following specific marketing tasks shall be performed by Broker: 284 n/a 235 286 287 10. SELLER'S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT. 238 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the 280 290 Property only through Broker, and to refer to Broker all communications received in any form from real estate 291 brokers, prospective buyers, tenants or any other source during the Listing .Period of this Seller Listing Contract. 292 10.2. Advertising. Seller agrees that any advertising of the Property by Seller (e.g., Internet, print and203 294 signage) shall first be approved by Broker. 295 10.3. No Existing Listing Agreement. Seller represents that Seller E-1 Is ® Is Not currently a party to 206 any listing agreement with any other broker to sell the Property. 298 10.4. Ownership of Materials and Consent. Seller represents that all materials (including all 299 photographs, renderings, images or other creative items) supplied to Broker by or on behalf of Seller are owned by 300 Seller, except as Seller has disclosed in writing to Broker. Seller is authorized to and grants to Broker, Brokerage301 Firm and an MLS that Broker submits the Property to a nonexclusive irrevocable, royalty-free license to use302Y ( P rtY ) 303 such material for marketing of the Property, reporting as required and the publishing, display and reproduction of 304 such material, compilation and data. This license shall survive the termination of this Seller Listing Contract. 306 10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act (Act) generally 307 applies if (1) the Property is residential (2) Seller resides in the Property as Seller's principal residence (3) Buyer's 308 purpose in purchase of the Property is not to use the Property as Buyer's personal residence and (4) the Property 310 is in foreclosure or Buyer has notice that any loan secured by the Property is at least thirty days delinquent or in 311 default. If all requirements 1, 2, 3 and 4 are met and the Act otherwise applies, then a contract, between Buyer 312 and Seller for the sale of the Property, that complies with the provisions of the Act is required. If the transaction is 314 a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and Buyer, the Act 315 does not apply. It is recommended that Seller consult with an attorney. 316 318 11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller: 310 11.1 Price. U.S. $ 200,000.00 320 321 11.2. Terms. ® Cash ®Conventional ® FHA ® VA 322 Other: n/a 323 324 11.3. Loan Discount Points. None 325 326 11.4. Buyer's Closing Costs (FHAIVA). Seller shall pay closing costs and fees, not to exceed 328 $ 0 , that Buyer is not allowed by law to pay, for tax service and n /a. 329 11.5. Earnest Money. Minimum amount of earnest money deposit U.S. $ 5,000 in the form of 330 331 good funds 332 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: 333 334 Cashier's Check at Seller's expense; ® Funds Electronically Transferred (Wire Transfer) to LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 4 of 8 Seller(s) Initials: CTMeContracts.com - 02013 CTM Software Corp. 335 an account specified by Seller, at Seller's expense; or Closing Company's Trust Account Check 337 11.7. Advisory: Tax Withholding. The Internal Revenue Service and the Colorado Department of Revenue 338 may require closing company to withhold a substantial portion of the proceeds of this Sale when Seller either (1) is 339 a foreign person or (2) will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to 341 determine if withholding applies or if an exemption exists. 342 343 12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to 345 a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, 346 if any, at or before the closing of the Sale contract. 347 349 13. INCLUSIONS AND EXCLUSIONS. 350 13.1. Inclusions. The Purchase Price includes the following items (Inclusions): 351 13.1.1. Fixtures. The following items are included if attached to the Property on the date of this Seller353 Listing Contract, unless excluded under Exclusions 13.2 lighting, heating, plumbing, ventilating, and air3539 (§ ) 9 9, 9, P 9. 9 354 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting 355 blocks /jacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and356 357 controls, built -in vacuum systems (including accessories), garage door openers including 0 remote controls. 358 Other Fixtures: 359 washer, dryer, refrigerator, range, dishwasher360 361 If any fixtures are attached to the Property after the date of this Seller Listing Contract, such additional fixtures are 367 also included in the Purchase Price 363 364 365 13.1.2. Personal Property. The following items are included if on the Property whether attached or 366 not on the date of this Seller Listing Contract, unless excluded under Exclusions (§ 13.2): storm windows, storm 367 368 doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace 369 inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the following 370 are included: El Water Softeners ® Smoke /Fire Detectors Carbon Monoxide Alarms Security371, 372 Systems Satellite Systems (including satellite dishes); and 373 374 The Personal Property to be conveyed at closing shall be conveyed by Seller free and clear of all taxes375 376 (except personal propertyY taxes for the year of closin 9). liens and encumbrances, except n /a. Conveyance shall 377 be by bill of sale or other applicable legal instrument. 378 13.1.3. Trade Fixtures.. The following trade fixtures are included: n1a. 379 380 The Trade Fixtures to be conveyed at closing shall be conveyed by Seller, free and clear of all taxes 381 (except personal property taxes for the year of closing), liens and encumbrances, except n /a. Conveyance shall 383 be by bill of sale or other applicable legal instrument. 384 13.1.4. Parking and Storage Facilities. ® Use Only Ownership of the following parking facilities: 385 condo parking lot386 387 and Use Only ® Ownership of the following storage facilities: 388 as deeded including storage closet on balcony389 390 13.1.5. Water Rights. The following legally described water rights: n /a. 391 Any water rights shall be conveyed by n/a deed or other applicable legal392 393 instrument. The Well Permit # is n/a 394 13.1.6. Growing Crops. The following growing crops:n /a. 396 13.2. Exclusions. The following are excluded (Exclusions): 397 none 398 400 14. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller's 401 name. Seller shall deliver to Broker true copies of all relevant title materials, leases, improvement location 402 certificates and surveys in Seller's possession and shall disclose to Broker all easements, liens and other 403 encumbrances, if any, on the Property, of which Seller has knowledge. Seller authorizes the holder of any 405 obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said 406 encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a407 408 general warranty deed, only that title Seller has in the Property. Property shall be conveyed 469 free and clear of all taxes, except the general taxes for the year of closing. 410 All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall be paid411 412 by Seller and released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as 413 follows: None. 414 The Property is subject to the following leases and tenancies: None. 415 416 If the Property has been or will be subject to any governmental liens for special improvements installed at 417 the time of signinq a Sale contract, Seller shall be responsible for payment of same, unless otherwise aqreed. LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 5 of 8 Seller(s) Initials: CTMeContracts.com - ©2013 CTM Software Corp. 418 Brokerage Firm may terminate this Seller Listing Contract upon written notice to Seller that title is not satisfactory419 420 to Brokerage Firm. 421 422 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer; at Seller's expense, unless the parties agree in writing423 424 to a different arrangement, a current commitment and an owner's title insurance policy in an amount equal to the 425 Purchase Price as specified in the Sale contract, or if this box is checked, An Abstract of Title certified to a 426 427 current date. 428 429 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners' association 431 assessment is currently payable at $245 per month and that there are no unpaid 432 regular or special assessments against the Property except the current regular assessments and except 433 n1a 434 Seller 435 agrees to promptly request the owners' association to deliver to buyer before date of closing a current statement of 436 assessments against the Property. 437 438 439 17. POSSESSION. Possession of the Property shall be delivered to buyer as follows: Upon a successful 440 c losing subjected to no leases or tenants, subject to leases and tenancies as described in § 14. 441 442 443 18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION. 444 18.1. Broker's Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse 445 material facts actually known by such broker including but not limited to adverse material facts pertaining to the446 447 title to the Property and the physical condition of the Property, any material defects in the Property, and any 448 environmental hazards affecting the Property which are required by law to be disclosed. These types of 440 450 disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building 451 laws, and nonconforming uses and zoning variances. Seller agrees that any buyer may have the Property and 452 Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property. 453 454 18.2. Seller's Obligations. 455 18.2.1. Seller's Property Disclosure Form. A seller is not required by law to provide any particular 456 disclosure form, including the Seller's Property Disclosure form regarding the Property. However, disclosure of 457 458 known material latent (not obvious) defects is required by law. Seller ® Agrees El Does Not Agree to provide a 450 Seller's Property Disclosure form completed to Seller's current, actual knowledge. 460 18.2.2. Lead -Based Paint. Unless exempt, if the improvements on the Property include one or more 4462 residential dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead -Based 463 Paint Disclosure (Sales) form must be signed by Seller and the real estate licensees, and given to any potential 464 buyer in a timely manner. 466 18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel -fired 467 heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes 466 (Bedroom), Seller understands that Colorado law requires that Seller assure the Property has an operational460 carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required b470q Y 471 the applicable building code, prior to offering the Property for sale or lease. 472 18.2.4. Condition of Property. The Property shall be conveyed in its present condition, ordinary473 wear and tear excepted, unless Seller, at Seller's sole option, agrees in writing to an repairs or other work to be474PP 9 9 Y P 475 performed by Seller. 476 477 478 18.3. Right of Broker to Terminate. Although Broker has no obligation to investigate or inspect the 479 Property, and no duty to verify statements made, Broker has the right to terminate this Seller Listing Contract if 430 the physical condition of the Property, Inclusions, any proposed or existing transportation project, road, street or481 highway, or an other activity, odor or noise whether on or off the Property) 48z Y ty, ( p rty) and its effect or expected effect on the 483 Property or its occupants, or if any facts or suspicions regarding circumstances that could psychologically impact 484 or stigmatize the Property are unsatisfactory to Broker. 485 486 467 19. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received 488 shall be divided between Brokerage Firm and Seller, one -half thereof to Brokerage Firm but not to exceed the 490 Brokerage Firm compensation agreed upon herein, and the balance to Seller. Any forfeiture of payment under this 491 section shall not reduce any Brokerage Firm compensation owed, earned and payable under § 7. 492 494 20. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm 495 shall bear all expenses incurred by Brokerage Firm, if any, to market the Property and to compensate cooperating 406 brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or order any other products or services 498 unless Seller agrees in writing to pay for them promptly when due (examples: surveys, radon tests, soil tests, title 499 reports, engineering studies). Unless otherwise agreed, neither Broker nor Brokerage Firm shall be obligated to LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 6 of 8 Seller(s) Initials: CTMeContracts.com - 02013 CTM Software Corp. Soo advance funds for the benefit of Seller in order to complete a transaction. Seller shall reimburse Brokerage Firm for 501 sot payments made by Brokerage Firm for such products- or services authorized by Seller. 503 504 21. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of servicesos sos vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 507 508 22. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm shall be responsible for 509 510 maintenance of the Property nor shall they be liable for damage of any kind occurring to the Property, rty, unless such 511 damage shall be caused by their negligence or intentional misconduct. 532 513 534 23. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer 515 because of the race, creed, color, sex, sexual orientation, marital status, familial status, physical or mental 516 disability, handicap, religion, national origin or ancestry of such person. 527 528 519 24. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges 520 that Broker has advised that this document has important legal consequences and has recommended consultation 521 522 with legal and tax or other counsel before signing this Seller Listing Contract. 523 524 25. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not 526 resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in 527 which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. S28 Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing, before any529 530 settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of 531 such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not 532 resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the 534 other at the party's last known address. 535 536 26. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the537 arbitrator or court shall award to the prevailing a all reasonable costs and expenses, including attorney andS38P9PttYP9Y 539 legal fees. 540 542 27. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado 543 Real Estate Commission.) 544 nla 545 546 547 28. ATTACHMENTS. The following are a part of this Seller Listing Contract: 548 n/a549 550 551 29. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract shall be 552 deemed to inure to the benefit of any person other than Seller, Broker and Brokerage Firm. 553 554 555 30. NOTICE, DELIVERY AND CHOICE OF LAW. 556 30.1. Physical Delivery. All notices must be in writing, except as provided in § 30.2. Any document, 557 558 including a signed document or notice, delivered to the other party to this Seller Listing Contract, is effective upon 559 physical receipt. Delivery to Seller shall be effective when physically received by Seller, any signator on behalf of560Seller, any named individual of Seller or representative of Seller. 561 562 30.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed 563 document or written notice may be delivered in electronic form only by the following indicated methods: 565 Facsimile ® E-mail Internet No Electronic Delivery. If the box "No Electronic Delivery" is 566 checked, this § 30.2 is not applicable and § 30.1 shall govern notice and delivery. Documents with original 567 signatures shall be provided upon request of any party. 559 30.3. Choice of Law. This Seller Listing Contract and all disputes arising hereunder shall be governed by 57o and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents 571 who sign a contract in this state for property located in Colorado. 572 573 574 31. MODIFICATION OF THIS SELLER LISTING CONTRACT. No subsequent modification of any of the terms 575 of this Seller Listing Contract shall be valid, binding upon the parties, or enforceable unless made in writing and576 577 signed by the parties. 578 579 32. COUNTERPARTS. If more than one person is named as a Seller herein, this Seller Listing Contract may be581 582 executed by each Seller, separately, and when so executed, such copies taken together with one executed by 582 Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract between the parties. 583 LC50 -1 -12. EXCLUSIVE RIGHT-TO -SELL LISTING CONTRACT Page 7 of 8 Seller(s) Initials: AM CTMeContracts.com - ©2013 CTM Software Corp. 585 33. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior say agreements, whether oral or written, have been merged and integrated into this Seller Listing Contract. 587 sag 34. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by 590 Broker, including all attachments. 591 592 593 Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. 594 595 f p 597 Date: 599 Seller: Eagle ounty 600 By: Sara J. Fisher,, Chairman 601 Address:25 Mill Loft Suite 200 Edwards CO 81632 6003 Phone: (970)328 -8776 Fax: (866)611 -7237 604 Electronic Address: kim.williams @eaglecounty.us 605 606 607 Date: 609 Broker: Kimberly B. Williams609Y 610 Brokerage Firm's Name: The Valley Home Store 61 z Address: 25 Mill Loft Suite 200 Edwards, CO 81632 Ph: 970- 328 -8776 Fax: 866 -611 -7237 Electronic Address: kwilliams @vaileyhomestore.org LCSO -9 -12 EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT CTM eContracts - t)2012 CTM Software Corp. LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 8 of 8 Seller(s) Initials: CTMeContracts.com - 02013 CTM Software Corp. 33. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any priorsagreements, whether oral or written, have been merged and integrated into this Seller Listing Contract. f'- 34. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by Broker, including all attachments. Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. Date: SialliF Eagle Couqif 0n--- By. Sara J. Fisher„ Chairman Address:25 Mill Loft Suite 200 Edwards CO 81632 Phone: (970)328 -8776 Fax: (866)611 -7237 c = < <. Electronic Address: kim.williams @eaglecounty.us t„ i Date: 712412013 Broker: Kimberly B. Williams Brokerage Firm's Name: The Valley Home Store Address. 25 Mill Loft Suite 200 Edwards, CO 81632 Ph: 970 -328 -8776 Fax: 866 -611 -7237 Electronic Address: kwilliams @valleyhomestore.org LCSO -9 -12 EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT t..ih. ,. ...'1'(ti' %. :'1?: .slUi.•. c..i h" SGft: v; <'rP = i(',l. LC50 -1 -12. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 8 of 8 Seller(s) Initials: CTMeContracts.com - 02013 CTM Software Corp.